The Republican | David MolnarPatrons enter Theodore's Booze, Blues and BBQ on Worthington Street. The establishment was one of two in the city granted the new late night entertainment special permit

SPRINGFIELD - The city on late Friday afternoon rejected applications of 39 of the 41 establishments applying for the city’s new “Special Late Night Entertainment Permit” just a few hours before the enforcement was to begin, prompting a lawyer for several downtown bars to cry foul.

“We feel as though the entire process was a sham,” said lawyer Daniel D. Kelly. “This was a pre-determined outcome from the beginning. Obviously, there will be some litigation in the immediate future.”

Thomas Walsh, communications director for Mayor Domenic Sarno, said all city bars and clubs were being notified of the change Friday night, and city police were scheduled to begin conducting spot checks and issue citations to those in violation beginning 1 a.m. Saturday. All found in violation would be reported to the city License Commission.

Without the special permit, bars and other establishments that serve alcohol may remain open until 2 a.m., but all forms of entertainment - television, music, video games and pool tables - are required to cease each day at 1 a.m. Patrons can still drink until last call but that is about all they can do.

Of the 41 establishments that applied, just two - Theodore’s Booze, Blues & BBQ on Worthington Street and Mattie’s Cafe on Boston Road - were issued special permits, Walsh said.

Theodore’s and Mattie’s provided documentation showing that their food receipts provided 40 percent or more of their gross receipts, he said.

Walsh said there were several applicants who had their applications denied without prejudice, meaning they can reapply if they provide additional documentation to the hearing officer. The exact number of these cases was not clear.

Although the decisions were not announced until Friday, the date of the new permit going into effect has been known for a month.

Mayor Domenic Sarno pushed for the special permit as a type of curfew intended to reduce early morning violence and trouble, particularly in the downtown Entertainment District.

The degree of trouble at 2 a.m. when the bars let out is both a public safety hazard and a drain on limited police resources, Sarno has said previously.

The Republican | David MolnarThe 5th Alarm on Worthington Street, as seen Friday night. The strip bar was one of 39 bars and clubs in the city that had its application for the special late-night entertainment special permit rejected.

Kelly said he plans to file legal action contesting the mayor’s decision. 
Among his bar clients in Springfield are four strip bars in the downtown area.

“It’s disappointing,” Kelly said. “We understand the need to crack down on crime. This is a misguided attempt to look like you are doing something when in fact you are not.”

The same trouble occurring at 2 a.m., could occur at 1 a.m. or midnight, Kelly said.

Associate City Solicitor Alesia Days served as Sarno’s hearing officer on the permit requests, and provided recommendations to him. Hearings were conducted in March.

Small businesses are struggling in Springfield, particularly in current economic times, Kelly said. A shutdown of the entertainment at 1 a.m., could have a “significant impact” on revenues, and will result in layoffs in come occasions, he said.

“We engaged in the process in good faith,” Kelly said. “We feel as though perhaps the city did not.”